SANJEEV SINGLA Vs. RITIKA SINGLA

JUDGEMENT

(1.) Aggrieved by the dismissal of the petition filed by the appellant and the respondent jointly for dissolution of marriage by a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, the present appeal is filed.

(2.) Both parties presented a petition seeking dissolution of marriage by a decree of divorce by mutual consent. On the first motion on 3.10.2011, statements of both parties were recorded by the Court. Of course, they gave mutual consent for divorce, however, when the matter was taken up during second motion on 24.4.2012 after a lapse of statutorily mandated six months' period, the respondent who is the wife of the appellant, came out with the statement that she did not want to get the marriage dissolved by a decree of divorce. In other words, she withdrew her consent for dissolution of their marriage by a decree of divorce. Appellant herein who is the husband of the respondent insisted that a decree of divorce by mutual consent should be granted as he stood by his consent.

(3.) Trial Court dismissed the petition as the respondent was not agreeable for dissolution of marriage by mutual consent during second motion.